Resolution-PC 2010-110RESOLUTION NO. PC2010- -110
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1424
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2002 -121
(TRACKING NO. CUP1424A, DEV2010- 00149)
(2221 -2225 EAST KAl."ELLA AVENUE)
WHEREAS, on September 27, 1973, the Anaheim Planning Commission, by its
Resolution No. PC73 -208, granted Conditional Use Permit No. 1424, in part, to permit a new
and used automobile sales and service agency with waivers of minimum landscaped setback
(approved in part), required enclosure of outdoor uses with a solid masonry block wall fence,
minimum number of free - standing signs and minimum distance between free - standing signs,
permitted location of free - standing signs, and maximum sign area' and that tow proposed
waivers (minimum landscaped setback from major and secondary arterial highways, and
minimum number of parking spaces) were denied; and
WHEREAS, on December 9, 1996, the Anaheim Planning Commission, by its
Resolution No. 96 -122, amended Resolution No. PC73 -208, above- mentioned, to permit a
second automotive sales and service facility on the southerly 3.6 acres of the subject 5.5 -acre
property; that one waiver (maximum sign areas) was deleted; that two waivers (minimum
landscape setback, and a minimum number of freestanding signs and minimum distance between
freestanding signs) were amended; that the conditions of approval were amended, including the
addition of new Condition No. 14 which specified that the second dealership would expire five
years from the date of the resolution on December 9, 2001; and that said use no Longer operates
at this location; and
WHEREAS, on November 13, 2001, the City Council, by its Resolution No.
2001R -281, approved Conditional Use Permit No. 2001 04441 to permit an auto collision repair
and auto rental facility on the southerly 3.6 acres of the subject 5.5 -acre property; and
WHEREAS, on January 14, 2002, the Anaheim Planning Commission, by its
Resolution No. 2002 -3, further amended Resolution No. PC73 -208, to permit and retain an
automotive center with three independent automotive businesses, including an automotive sales
dealership with accessory auto financing services and an automotive repair facility with a
temporary modular office building located on the northerly 1.9 acre portion of the 5.5 -acre
property; and that the conditions of approval were amended in their entirety; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 1424, designated as Conditional Use
Permit No. 1424A, to modify or delete a condition of approval pertaining to a time limitation for
an automobile sales dealership with independent auto finance and on -site automotive repair uses
for certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit "A'', attached hereto and incorporated herein by this reference; and
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WHEREAS, this portion of the property is developed with a 5,550 square foot
industrial building located in the I (Industrial) zone and the Anaheim General Plan designates the
property for Office High land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 25, 2010, at 5:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The applicant's proposal to amend or delete a condition of approval pertaining to
a time limitation for an automobile sales dealership with independent auto finance and on -site
automotive repair uses in the I (Industrial) zone is properly one for which a conditional use
permit is authorized under Code Section 18.10.030 of the Anaheim Municipal Code.
2. The automobile sales dealership with independent auto finance and automotive
repair uses has demonstrated compatibility with the surrounding area and the deletion of the
condition pertaining to the time limitation as proposed will not adversely affect the adjoining
land uses or the growth and development of the area in which it is currently located.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety.
Further, Code Enforcement staff inspected the property and determined that the business is being
conducted in compliance with conditions of approval.
4. The traffic generated by the request to delete a condition of approval pertaining to
a time limitation for an automobile sales dealership with independent auto finance and on -site
automotive repair uses will not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area because the number vehicles entering and exiting the
site are consistent with typical industrial businesses that would be permitted as a matter of right
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim. This business use has operated in this location
for 14 years and has proven to be compatible to the area.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated does hereby approve the amendment to
Conditional Use Permit No. 1424, designated as Conditional Use Permit No. 1424A, to reinstate
said conditional use permit.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby amend in their entirety, the conditions of approval adopted in connection with
Planning Commission Resolution No. 2002 -121, approving deletion of the time limitation for
Conditional Use Permit No. 1424 to read as stated in Exhibit "B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the citizens of the City of Anaheim. Extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED. that this conditional use permit is approved
without limitations on the duration of the use.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION wa
meeting of October 25, 2010.
Al' ' IEST:
3
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ed a he Planning Commission
CHAIRMAN, ANA CITY PLANNING COMMISSION
PC2010 -110
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on October 25, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 25 day of October, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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I APN: 253 - 531 -061
E HOWELL AVE
a ir . - 4 . 560
O
Feei
EXHIBIT "A"
DEV2010 -00149
F h b 4'
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +f- two to five feet.
11034
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PC2010 -110
NO.
GENERAL
EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 1424
(DEV2010- 00149)
CONDITIONS OF APPROVAL
1 No required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
2 The property shall be developed substantially in
accordance with plans and specifications submitted to the
City of Anaheim by the applicant and which plans are on
file with the Planning Department marked Revision No. 2
of Exhibit No. 1 and Exhibit Nos. 2 and 3 of Planning
Commission Resolution No. 2002 -121, and as conditioned
herein.
SIGNED OFF
REVIEW BY BY
Code
Enforcement
Planning
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